Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Legislation (36)
- Constitutional Law (17)
- Social and Behavioral Sciences (13)
- State and Local Government Law (12)
- Courts (10)
-
- Public Affairs, Public Policy and Public Administration (10)
- Law and Society (8)
- Elder Law (7)
- Law and Politics (7)
- Litigation (7)
- Business (6)
- Dispute Resolution and Arbitration (6)
- International Law (6)
- Legal History (6)
- Business Organizations Law (5)
- Civil Rights and Discrimination (5)
- Criminal Law (5)
- Economics (5)
- Health Law and Policy (5)
- Human Rights Law (5)
- Labor and Employment Law (5)
- Political Science (5)
- President/Executive Department (5)
- Torts (5)
- Administrative Law (4)
- American Politics (4)
- Arts and Humanities (4)
- Bankruptcy Law (4)
- Education (4)
- Institution
-
- SelectedWorks (114)
- Selected Works (46)
- Pepperdine University (22)
- Marquette University Law School (7)
- University of Richmond (6)
-
- American University Washington College of Law (3)
- Schulich School of Law, Dalhousie University (3)
- University of Baltimore Law (3)
- University of Colorado Law School (3)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (3)
- Claremont Colleges (2)
- DePaul University (2)
- Chicago-Kent College of Law (1)
- Maurer School of Law: Indiana University (1)
- St. Thomas University College of Law (1)
- Syracuse University (1)
- The University of Akron (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- Union College (1)
- University of Georgia School of Law (1)
- University of Massachusetts School of Law (1)
- University of Missouri School of Law (1)
- University of Nevada, Las Vegas (1)
- University of Pennsylvania Carey Law School (1)
- University of South Carolina (1)
- University of Tennessee College of Law (1)
- University of Wollongong (1)
- West Virginia University (1)
- Publication
-
- Pepperdine Law Review (18)
- David J Reiss (9)
- Myanna Dellinger (9)
- Marquette Elder's Advisor (7)
- All Faculty Scholarship (5)
-
- Crystal Williams (4)
- David B Kopel (4)
- Justin Levitt (4)
- Parker Tresemer (4)
- Pepperdine Dispute Resolution Law Journal (4)
- University of Richmond Law Review (4)
- Books, Reports, and Studies (3)
- Charles W. Murdock (3)
- Dalhousie Law Journal (3)
- David M Driesen (3)
- Jeffrey Love (3)
- Scholarly Works (3)
- Abigail R. Moncrieff (2)
- American University International Law Review (2)
- Hazreena Hussein (2)
- Lauren G. Wilkinson (2)
- Law Student Publications (2)
- Lydia R. Nussbaum (2)
- Mark C. Weber (2)
- Richard Broughton (2)
- Ronald G. Ehrenberg (2)
- Steven Silver (2)
- Vernon M Briggs Jr (2)
- Vincent Di Lorenzo (2)
- Aaron J Shuler (1)
- Publication Type
- File Type
Articles 1 - 30 of 230
Full-Text Articles in Law
Comment On Judge F. Weis, Jr., Service By Mail—Is The Stamp Of Approval From The Hague Convention Always Enough?, Doug Rendleman
Comment On Judge F. Weis, Jr., Service By Mail—Is The Stamp Of Approval From The Hague Convention Always Enough?, Doug Rendleman
Doug Rendleman
Joseph F. Weis Jr's theories regarding US procedural policymaking and service by mail from the Hague Convention are examined. Weis explores two themes that run through US civil procedure: counterintuitive instrumentalism and underlying pragmatism.
Such Gaming Causes Trouble: Constitutional And Statutory Confusion With The Indian Gaming Regulatory Act, Jacob Berman
Such Gaming Causes Trouble: Constitutional And Statutory Confusion With The Indian Gaming Regulatory Act, Jacob Berman
Jacob Berman
This paper argues that two circuits’ interpretations of the Indian Gaming Regulatory Act violate the Tenth Amendment by forcing a Hobson’s choice on state legislators. Since California v. Cabazon Band, Indian tribes have been able to operate commercial gaming establishments with the blessing of the federal judiciary. Immediately after Cabazon, Indian tribes could only offer the same types of gambling that was legal under state law— usually, bingo, lotteries, certain card games, and race tracks. The Indian Gaming Regulatory Act of 1988, intended to codify the Cabazon test, was poorly drafted, and instead upset the applecart. The Second Circuit and …
Section 2 As An “Adequate Substitute” For Section 5: Proposing An “Effects-Only” Test As An Amendment To Section 2 Of The Voting Rights Act Of 1965, Bernice M. Bird
Section 2 As An “Adequate Substitute” For Section 5: Proposing An “Effects-Only” Test As An Amendment To Section 2 Of The Voting Rights Act Of 1965, Bernice M. Bird
Bernice M. Bird
As the U.S. Supreme Court shall finally determine whether Section 5 of the Voting Rights Act of 1965 is unconstitutional next year in Shelby County, Ala. v. Holder, most suppressed minority voters may be left with only Section 2 as a remedy for voting discrimination challenges. However, the federal courts have consistently interpreted Section 2's "results" or "intent" test contrary to the legislative intent of Section 2 in increasing the burden for plaintiffs to demonstrate discriminatory intent of racial bias in enacting election laws. Thus, Section 2 currently serves as an inadequate substitute for redressing voting discrimination should the Supreme …
Prison Visitation Policies: A Fifty State Survey, Chesa Boudin
Prison Visitation Policies: A Fifty State Survey, Chesa Boudin
Chesa Boudin
This paper presents a summary of the findings from the first fifty-state survey of prison visitation policies. Our research explores the contours of how prison administrators exercise their discretion to prescribe when and how prisoners may have contact with friends and family. Visitation policies impact recidivism, inmates’ and their families’ quality of life, public safety, and prison security, transparency and accountability. Yet many policies are inaccessible to visitors and researchers. Given the wide-ranging effects of visitation, it is important to understand the landscape of visitation policies and then, where possible, identify best practices and uncover policies that may be counterproductive …
The Reactionary Road To Free Love: How Doma, State Marriage Amendments And Social Conservatives Undermine Traditional Marriage, Scott Titshaw
The Reactionary Road To Free Love: How Doma, State Marriage Amendments And Social Conservatives Undermine Traditional Marriage, Scott Titshaw
Scott Titshaw
Much has been written about the possible effects on different-sex marriage of legally recognizing same-sex marriage. This article looks at the defense of marriage from a different angle: It shows how rejecting same-sex marriage results in political compromise and the proliferation of “marriage light” alternatives (e.g., civil unions, domestic partnerships, or reciprocal beneficiaries) that undermine the unique status of marriage for everyone. In the process, it examines several aspects of the marriage debate in detail. After describing the flexibility of marriage as it has evolved over time, the article focuses on recent state constitutional amendments attempting to stop further development. …
2010-2011 Veterans Law Update, Kathleen Dwyer, Alec Kast, Scott A. Sigmon, Andrew E. Tarne
2010-2011 Veterans Law Update, Kathleen Dwyer, Alec Kast, Scott A. Sigmon, Andrew E. Tarne
Law Student Publications
Part I will cover updates related directly to veterans' benefits and rights. Part II will focus on updates to rules involving veterans' caregivers and healthcare facilities. Part III will cover proposed rules dealing with veterans' claims and insurance. Part IV will focus on rules and case law covering the VA's procedures and operating regulations.
Impact Of The 2003 Illinois Gaming Tax Rate Increase On Marketing Spending And Cross-State Substitution, Mikael Bengt Ahlgren
Impact Of The 2003 Illinois Gaming Tax Rate Increase On Marketing Spending And Cross-State Substitution, Mikael Bengt Ahlgren
UNLV Theses, Dissertations, Professional Papers, and Capstones
The purpose of this research was to investigate three potential consequences related to the 2003 Illinois Gaming Tax rate restructuring. The first section presents the assessment of whether a higher tax rate motivated an Illinois casino operator to reduce of marketing/promotional expenditures in an attempt to negatively influence revenues. The second establishes if the surrounding state gaming operators reacted to the increased Gaming Tax rate in Illinois, by raising their marketing spending. The last section clarifies whether the changes to the Illinois Gaming Tax Schedule impacted gaming volumes in the neighboring/competing states of Indiana, Iowa, and Missouri.
The analysis relied …
Rejection Of Nonresidential Leases Of Real Property In Bankruptcy: What Happens To The Mortgagee's Security Interest? , William E. Winfield
Rejection Of Nonresidential Leases Of Real Property In Bankruptcy: What Happens To The Mortgagee's Security Interest? , William E. Winfield
Pepperdine Law Review
No abstract provided.
Beyond Incentives: Making Corporate Whistleblowing Moral In The New Era Of Dodd-Frank Act "Bounty Hunting", Matt A. Vega
Beyond Incentives: Making Corporate Whistleblowing Moral In The New Era Of Dodd-Frank Act "Bounty Hunting", Matt A. Vega
Matt A Vega
In this article, I examine the SEC's new whistleblower bounty program authorized by the Dodd-Frank Act. Under the program, which went into effect last year, the SEC is required to pay a bounty to whistleblowers who voluntarily provide the agency with "original information" about a potential securities law violation that leads to a successful SEC or "related" enforcement action and that results in monetary sanctions of sufficient size. When the average SEC settlement is over $18.3 million, whistleblowers can expect the average bounty to be well in the range of $2-5 million.
My contention is that this new program is …
Legal Framework For Soviet Privatization, Olga Floroff, Susan Tiefenbrun
Legal Framework For Soviet Privatization, Olga Floroff, Susan Tiefenbrun
Pepperdine Law Review
No abstract provided.
The Best Interest Of The Child And The Law , Christian Reichel Van Deusen
The Best Interest Of The Child And The Law , Christian Reichel Van Deusen
Pepperdine Law Review
No abstract provided.
The Line-Item Veto: The Best Response When Congress Passes One Spending “Bill” A Year, L. Gordon Crovitz
The Line-Item Veto: The Best Response When Congress Passes One Spending “Bill” A Year, L. Gordon Crovitz
Pepperdine Law Review
No abstract provided.
Asbestos: A Multi-Billion-Dollar Crisis, Christopher F. Edley, Paul C. Weiler
Asbestos: A Multi-Billion-Dollar Crisis, Christopher F. Edley, Paul C. Weiler
Christopher Edley
No abstract provided.
Tough Love: The Law School That Required Its Students To Learn Good Grammar, Ann Nowak
Tough Love: The Law School That Required Its Students To Learn Good Grammar, Ann Nowak
Ann L. Nowak
No abstract provided.
Beneficial Ownership And The Remic Classification Rules, Bradley T.` Borden, David J. Reiss
Beneficial Ownership And The Remic Classification Rules, Bradley T.` Borden, David J. Reiss
David J Reiss
REMICs are securitized pools of mortgages that qualify for special flow-through taxation. To qualify for flow-through tax treatment, the pool must satisfy several requirements. An intended REMIC that fails to satisfy those requirements will likely be taxed as a corporation and payments made to holders of interests in a failed REMIC will likely be nondeductible dividend payments, subjecting the REMIC to significant tax and penalties. Such tax and penalties will cause beneficial interests in the pool to lose value and frustrate investors who relied upon REMIC classification as an incentive to purchase interests. Thus, tax classification is critical to REMICs …
Glogging Your Every Move, Lisa Wachsmuth, Katina Michael
Glogging Your Every Move, Lisa Wachsmuth, Katina Michael
Professor Katina Michael
"It is one thing to lug technologies around, another thing to wear them, and even more intrusive to bear them... But that's the direction in which we're headed."
"I think we're entering an era of person-view systems which will show things on ground level and will be increasingly relayed to others via social media.
"We've got people wearing recording devices on their fingers, in their caps or sunglasses - there are huge legal and ethical implications here."
The Policy Against Federal Funding For Abortions Extends Into The Realm Of Free Speech After Rust V. Sullivan, Loye M. Barton
The Policy Against Federal Funding For Abortions Extends Into The Realm Of Free Speech After Rust V. Sullivan, Loye M. Barton
Pepperdine Law Review
No abstract provided.
The New Uniform Statute Of Limitations For Federal Securities Fraud Actions: Its Evolution, Its Impact, And A Call For Reform, Anthony Michael Sabino
The New Uniform Statute Of Limitations For Federal Securities Fraud Actions: Its Evolution, Its Impact, And A Call For Reform, Anthony Michael Sabino
Pepperdine Law Review
No abstract provided.
Land Use By, For, And Of The People: Problems With The Application Of Initiatives And Referenda To The Zoning Process, Nicolas M. Kublicki
Land Use By, For, And Of The People: Problems With The Application Of Initiatives And Referenda To The Zoning Process, Nicolas M. Kublicki
Pepperdine Law Review
No abstract provided.
An Ind. Run Around The U.C.C.: The Use (Or Abuse?) Of Indemnity, Paul J. Wilkinson
An Ind. Run Around The U.C.C.: The Use (Or Abuse?) Of Indemnity, Paul J. Wilkinson
Pepperdine Law Review
No abstract provided.
Tough Love: The Law School That Required Its Students To Learn Good Grammar, Ann Nowak
Tough Love: The Law School That Required Its Students To Learn Good Grammar, Ann Nowak
Touro Law Review
No abstract provided.
Toward A Balanced Approach To "Frivolous" Litigation: A Critical Review Of Federal Rule 11 And State Sanctions Provisions , Byron C. Keeling
Toward A Balanced Approach To "Frivolous" Litigation: A Critical Review Of Federal Rule 11 And State Sanctions Provisions , Byron C. Keeling
Pepperdine Law Review
No abstract provided.
Advance Notice Provisions In Plant Closing Legislation: Do They Matter?, Ronald Ehrenberg, George Jakubson
Advance Notice Provisions In Plant Closing Legislation: Do They Matter?, Ronald Ehrenberg, George Jakubson
Ronald G. Ehrenberg
This paper evaluates the cases for and against plant closing legislation. In spite of the growth of legislative efforts in the area, there has been surprisingly little effort devoted to analyzing what the effects are of existing plant closing legislation, of provisions in privately negotiated collective bargaining agreements that provide for advance notice in case of plant shutdowns and/or layoffs, and of voluntary employer provision of advance notice. The paper summarizes the results of previous research, and our own empirical analyses that used the January 1984 Bureau of Labor Statistics Survey of Displaced Workers, on the effects of advance notice …
Striking The Wrong Balance: Constituency Statutes And Corporate Governance , Edward D. Rogers
Striking The Wrong Balance: Constituency Statutes And Corporate Governance , Edward D. Rogers
Pepperdine Law Review
No abstract provided.
The Case For The Retention Of The State Death Tax Credit In The Federal Transfer Tax Scheme: "Just Say No" To A Deduction, John M. Janiga, Louis S. Harrison
The Case For The Retention Of The State Death Tax Credit In The Federal Transfer Tax Scheme: "Just Say No" To A Deduction, John M. Janiga, Louis S. Harrison
Pepperdine Law Review
No abstract provided.
"You May Have Already Won. . .": Telemarketing Fraud And The Need For A Federal Legislative Solution , Patrick E. Michela
"You May Have Already Won. . .": Telemarketing Fraud And The Need For A Federal Legislative Solution , Patrick E. Michela
Pepperdine Law Review
No abstract provided.
A Call For Action: An Analysis Of The Impending Regulatory Crisis In The Municipal Securities Market, Philip Grommet
A Call For Action: An Analysis Of The Impending Regulatory Crisis In The Municipal Securities Market, Philip Grommet
Philip Grommet
This Article warns of an impending regulatory crisis in the municipal securities market. The municipal securities market is an integral tool that allows state and local governments to implement important public interest projects by appealing to retail investors seeking tax-exempt income. Its regulation has garnered little attention – aside from the market’s characterization as “sleepy.” However, the market has grown exponentially and today’s market is increasingly populated with complex financial instruments. Quite simply, its regulation has not kept pace with developments in the market. Municipal securities issuers are not subject to the general registration requirements of the Securities Act of …
To Drink The Cup Of Fury: Funeral Picketing, Public Discourse And The First Amendment, Steven J. Heyman
To Drink The Cup Of Fury: Funeral Picketing, Public Discourse And The First Amendment, Steven J. Heyman
All Faculty Scholarship
In Snyder v. Phelps, the Supreme Court held that the Westboro Baptist Church had a First Amendment right to picket the funeral of a young soldier killed in Iraq. This decision reinforces a position that has become increasingly prevalent in First Amendment jurisprudence – the view that the state may not regulate public discourse to protect individuals from emotional or dignitary injury. In this Article, I argue that this view is deeply problematic for two reasons: it unduly sacrifices the value of individual personality and it tends to undermine the sphere of public discourse itself by negating the practical and …
The Best Of Both Worlds: Applying Federal Commerce And State Police Powers To Reduce Prescription Drug Abuse, Stacey L. Sklaver
The Best Of Both Worlds: Applying Federal Commerce And State Police Powers To Reduce Prescription Drug Abuse, Stacey L. Sklaver
Stacey L. Sklaver
This article addresses the prescription drug abuse epidemic in the United States. In particular, it highlights that prescribers, as the gatekeepers of controlled substances, often lack the necessary education and training to properly prescribe such medications and to spot signs of abuse. This deficiency leads to patient overdoses and death, and resultant prescriber exposure to both civil and criminal liability.
Some states require controlled substance prescribers to obtain education on safe prescribing and abuse prevention methods, but many do not, yielding the need for a federal solution. The solution must address patient health, safety, and welfare under the purview of …
Land Use And Zoning Law, Philip Carter Strother, Andrew E. Tarne
Land Use And Zoning Law, Philip Carter Strother, Andrew E. Tarne
University of Richmond Law Review
No abstract provided.